Will Attorneys in Grainger County

The thought of drafting a solid, legally binding will can seem daunting. After all, a will is more than a document; it’s the key to making sure your assets are disbursed appropriately, your family’s future is secure, and your legacy is sound after you die. The law firm of Daniel, Daniel, & Newman is here to provide the assistance you need in preparing a last will and testament in Tennessee.

Grainger County and Eastern Tennessee residents have relied on the Daniel name for their legal needs for over 80 years. Evan M. Newman is committed to maintaining the same high-quality legal representation that his great-uncle Creed Daniel and his son, the late Dirk Daniel, built their legacy on.

Our firm is a Christ-centered business that understands the values, culture, and ideals that the Grainger County community holds dear. We consistently strive to meet clients where they are in the moment they need us, with understanding, compassion, empathy, and personal attention.

Contact Daniel, Daniel, & Newman today to discuss your estate planning needs at a free consultation with a Tennessee will lawyer.

How a Grainger County Will Attorney Can Help You

While a Tennessee will attorney in Grainger County can draft your will, they can also help with planning it so it protects your assets and provides clear instructions for your estate. Some of the ways an attorney can help are:

• Providing experienced legal advice about estate planning strategies and tools to use in conjunction with your will, including trusts and powers of attorney
• Making sure your will complies with Tennessee’s legal requirements
• Minimizing the risk of disputes among your heirs and beneficiaries
• Assisting with updates and modifications to your will as your life circumstances change

What Are Tennessee Will Requirements?

The Tennessee will requirements include:

• You must be of sound mind and at least 18 years old to make a will.
• Your will must be in writing, not audio or video.
• You or someone acting on your behalf must sign your will in your presence.
• At least two people should sign the will. Unless two disinterested witnesses sign the will, a person who would inherit under the will may give up any assets they would get from your estate beyond what they would receive through intestate distribution.

The court could declare your will invalid if you do not meet the requirements listed above. With Evan Newman and Daniel, Daniel, & Newman, we can make sure everything is complete.

How to Create a Will in Tennessee

Understanding how to create a will in Tennessee is essential for making sure your will is valid. Creating a Tennessee will involves following several steps, including:

• Identifying Your Assets – Make a list of your property and assets.
• Choosing Your Beneficiaries – Decide who you want to inherit your assets and what you want them to inherit.
• Appointing an Executor – Choose a trusted individual to oversee the distribution of your estate. This individual can be a family member, close friend, or attorney.
• Drafting Your Will – Work with an attorney to make sure your will is legally valid.
• Signing Your Will Before Witnesses – Adhere to Tennessee’s witnessing requirements by signing your will before two witnesses.
• Securing Your Will – Keep the original document in a secure location where your executor can access it.

Can I Write My Own Will in Tennessee?

While you can write your own will in Tennessee, a self-drafted will can lead to legal complications and unintended consequences. By engaging a lawyer like Evan to draft your will, you can minimize the risk of mistakes, ambiguity, and non-compliance with state laws. However, if you have a will you wrote yourself, you can still have a lawyer review it for errors.

Are Handwritten Wills Legal in Tennessee?

Handwritten wills are legal in Tennessee as long as they meet certain conditions. These wills, also called holographic wills, must be written and signed in your handwriting. You cannot have a third party write your will by hand. Additionally, you must have at least two witnesses who can confirm your handwriting.

What to Consider When Drafting a Will

When drafting your will — whether a simple will or something more extensive — it’s crucial to consider the rolling key factors:

Asset Identification

Make a comprehensive list of real and personal property and assets, including real estate, bank accounts, investment accounts, and other belongings.

Choice of Beneficiaries

Select who will receive your assets. While it can be a good idea to consider contingency options in case any beneficiaries die before you, you may still need to modify your will in the unfortunate event that this happens.

Choice of Executor

It’s important to choose a trusted party to be the executor of your estate. They should be able to handle the responsibilities that come with this role. You can appoint an attorney as your executor if you don’t want a family member or close friend to fulfill the role.

Guardianship

If you have minor or dependent children, appointing a guardian is an essential part of making sure they are taken care of in the event of your passing. Before appointing someone as a guardian in your will, make sure to talk to them about it so they understand the responsibilities.

Special Instructions

You can include special instructions within your will, such as noting any items you want donated to charity.

Does a Will Need to Be Notarized in Tennessee?

Unlike in some states, a will does not need to be notarized in Tennessee to be valid. However, you can have your will notarized if you want it to be “self-proving.” If you and your witnesses sign your will before a notary, they can designate it as self-proving. This can simplify the probate process by avoiding the need for witnesses to testify on the validity of your will before it can be executed.

How Do I Change My Will?

You can change your will by drafting an amendment or an entirely new will that revokes the previous will. An experienced will lawyer in Grainger County like Evan can assist you with amendments and revocations to make sure your modifications are legally sound.

Differences Between a Trust vs. a Will in Tennessee

Understanding the differences between trusts vs. wills in Tennessee is crucial because they’re both vital components of a comprehensive estate plan that serve different purposes:

• Wills – A will outlines how you want your assets to be distributed among your beneficiaries after your death and is executed during the probate process.
• Trusts – A trust holds assets that are managed by a trustee and distributed directly to the trust’s beneficiaries without going through probate.

While a will is the backbone of any estate plan, many plans also use trusts for their added benefits, including allowing greater control over asset distribution, maintaining confidentiality, and reducing tax liability.

Common Disputes Over a Will

A poorly drafted will can result in various disputes between your heirs and beneficiaries. One of the key reasons to work with an experienced will attorney is to minimize the risk of these types of disputes:

Validity Disputes

If any of your heirs believe your will does not meet Tennessee’s legal requirements, they may dispute its validity.

Interpretation Disputes

If your will contains ambiguous language, it can lead to differing interpretations among your beneficiaries about your true intentions. By having an experienced attorney draft your will, you can eliminate interpretation disputes through specific and intentional wording.

Capacity Disputes

If you are creating or modifying your will in your senior years or while suffering from a disability, there may be questions about your mental competence. To create a will, you must be of sound mind, and your heirs may call this into question if they disagree with part or all of your will. Having your will notarized may be an effective measure for preventing these disputes.

Undue Influence Disputes

Undue influence occurs when someone coerces or manipulates the testator into altering their will. If any of your heirs believe undue influence impacted your will, they may dispute its validity. One way to reduce the risk of claims of undue influence is to have neutral witnesses who are not mentioned in your will.

What Is a Living Will vs. a Living Trust?

Despite having similar names, living wills and living trusts play very different roles in your estate plan:

• Living Wills – A living will is a document that outlines your healthcare preferences if you become incapacitated. It’s similar to a healthcare power of attorney, which grants a trusted individual the authority to make healthcare decisions on your behalf. However, with a living will, you document your preferences ahead of time rather than leaving it up to someone else.
• Living Trusts – A living trust is a document that allows assets placed within it to be managed and distributed by a trustee after your death. Unlike assets outside of a trust, those within trusts avoid probate.

Contact a Grainger County Wills Attorney Today

While it could seem tempting to try drafting a will on your own, estate law has intricacies, and you could inadvertently overlook critical details. Your family could become embroiled in extensive and painful disputes due to a simple mistake on your will. When you work with an experienced wills attorney in Grainger County, Tennessee, you can face the estate planning process in confidence, knowing your will is clear, comprehensive, and legally sound.

For over 80 years, the Daniel name has stood for quality legal services, including comprehensive estate planning matters such as will drafting and review. Let us discuss your goals and help you determine the best way to achieve them through a will or other estate planning document. Contact Daniel, Daniel, & Newman today for a free consultation.